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HomeMy WebLinkAboutAdjustment - 2010-07-20COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 20, 2010 MEMBERS PRESENT: Ms. C. Balcerczyk and Messrs D. Cybalski and B. McColl OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic Technologist, Ms. D. Gilchrist, Secretary-Treasurer, Ms. M. Burleanu, Administrative Clerk and Ms. D. Saunderson, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 10:05 a.m. MINUTES Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the minutes of the regular meeting of the Committee of Adjustment, of June 15, 2010, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: A 2010-026 Applicant: Jafar Konoodi & Parvaneh Hayati Property Location: 283-285 Lancaster Street West Legal Description: Lot 109, Plan 318 The Committee was in receipt of e-mail correspondence from the applicants advising that this application is withdrawn. NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2010-041 Applicant: Dave Forwell Property Location: 1228 King Street East Legal Description: Part Lot 26, Plan 231 Appearances: In Support: D. Forwell Contra: B. Rile Written Submissions: None The Committee was advised that the applicant is requesting permission to have a retail and wholesale flower shop on a lot having a width on King Street East of 14.1 m (46.2') rather than the required 16m (52.49'), a building having an interior side yard of 0.1 m (0.2') rather than the required 1.2m (3.93'); and, permission to locate parking up to the lot line along Sydney Street rather than providing the required setback of 3m (9.84'). COMMITTEE OF ADJUSTMENT 124 JULY 20, 2010 Submission No.: A 2010-041. Cont'd The Committee considered the report of the Development and Technical Services Department, dated June 29, 2010, advising that the subject property is located at the northeast corner of King Street East and Sydney Street. The property is 480 square metres in area and has 14.1 metres of frontage on King Street East and 41.2 metres of frontage on Sydney Street. A vacant building, previously used for commercial purposes currently occupies the property. The building was originally constructed in the 1960s. The surrounding area is comprised of a mix of uses. Along King Street East there are a range of commercial, residential and institutional uses. To the north of the property there is a stable residential neighbourhood comprised of single detached residential houses. The subject property and surrounding properties along King Street East are designated Mixed Use Corridor in the Municipal Plan. The subject property and adjacent properties along King Street East and Sydney Street are zoned Commercial Residential Four (CR- 4) Zone in the Zoning By-law. Adjacent properties along Sydney Street are also subject to Holding Provision 15H. Properties further to the northeast along Sydney Street are designated Residential in the Municipal Plan and are zoned Residential Seven (R-7) Zone in the Zoning By-law. The subject property and all immediately adjacent properties are subject to City-initiated zone change ZC09/08/COK/HH which is pending Council approval later this summer. The zoning of the subject property is proposed to change to Medium Intensity Mixed Use Corridor (MU-2) Zone. The zoning of adjacent properties is also proposed to change to MU-2 zoning with and without site specific special provisions. The change of use as proposed (to introduce a flower shop within the existing building) requires Committee of Adjustment approval for several zoning deficiencies. The applicant is requesting the following minor variances: 1. To permit a 14.1 metre lot width whereas Zoning By-law 85-1 requires a minimum 16.0 metre lot width; 2. To permit a 0.1 metre side yard setback whereas Zoning By-law 85-1 requires a minimum 1.2 metre side yard setback ;and 3. To permit parking to be located within 0.0 metres of the Sydney Street streetline whereas Zoning By-law 85-1 requires a minimum of 3.0 metres setback from a streetline. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variances meet the intent of the Official Plan for the following reasons. The property is designated Mixed Use Corridor in the Municipal Plan, which is intended to serve adjacent residential neighbourhoods by providing a balanced distribution of commercial, institutional and residential uses. The proposed conversion of a portion of the existing building for flower shop use is a permitted use that serves the surrounding area and therefore meets the intent of the Municipal Plan. The variances pertaining to the lot width and side yard requirements meet the intent of the Zoning By-law for the following reasons. The purpose of the minimum lot width requirement is to have wide enough lots to support intensification, allow for suitably sized buildings and to provide access for parking at the rear of the lot. The existing lot size already accommodates a suitably sized building to suit the proposed use and access to parking can be provided at the side and rear of the lot with access from Sydney Street. Therefore, a variance from the lot width requirement would maintain the intent of the Zoning By-law. The side yard setback requirement in the current CR-4 zoning is a measure of compatibility, intended to ensure new buildings are separated an appropriate distance from buildings on adjacent lands. The requested relief is to legalize an existing as-built condition and would apply only to the building as it exists today. COMMITTEE OF ADJUSTMENT 125 JULY 20, 2010 Submission No.: A 2010-041. Cont'd Future redevelopment of the site would be required to meet the setback regulations of By-law 85-1 and the Building Code, and therefore the intent of the Zoning By-law would be maintained. The variance pertaining to the location of parking spaces does not meet the intent of the Zoning By-law for the following reason. The requirement for parking spaces to be setback a minimum of 3.0 metres from the street line is intended to provide landscaped area between the public right of way (sidewalk) and parking areas. The location of parking as proposed would not allow for landscaped area between parking and the street. Therefore, the proposed minor variance to permit location of parking spaces within 0.0 m of the street line does not maintain the intent of the Zoning By-law. Staff would prefer that the parking be located at the rear of the property, with access from Sydney Street. Staff notes that the proposed use (flower shop) requires three parking spaces under the current zoning, and would require two spaces under the proposed MU-2 zoning. As an interim measure until such time as the new zoning is in force and effect, staff would support permitting one of the three required spaces to be located within the 3.0 metre setback, provided that it is located outside the driveway visibility triangle and will cease to be permitted once the MU2 zoning for the subject lands is in full force and effect. The variances pertaining to lot width and side yard requirements are minor for the following reasons. The lot width deficiency of 1.9 metres and the side yard deficiency of 1.1 metres are existing conditions which have not created detrimental impacts for adjacent lands. The overall impact of the lot width and side yard reductions would be negligible. The variance pertaining to location of parking spaces is not minor. Permission to locate parking spaces within 0.0 metres of the Sydney Street streetline would legalize what is an existing illegal condition. From an urban design perspective, it would be preferable to have a more pedestrian-oriented interface between the building and the sidewalk. From a transportation perspective, staff notes that the proposed location of the parking spaces in proximity to the sidewalk on Sydney Street would create safety issues and operational issues. Staff does not support a parking arrangement that may create pedestrian-vehicle conflicts and permit encroachments onto municipally owned lands in perpetuity. As noted above, staff would support permission to locate one space within the 3.0 metre setback as an interim measure. Staff notes that the one space must be entirely within the property lines and any encroachment onto municipally owned lands would require an encroachment agreement. Staff also notes that a Site Plan to address the landscaping and location of parking may be required, this will be at the discretion of the Supervisor of Site Plan Development. The variance is appropriate for the development and use of the land for the following reasons. It allows for conversion of an existing vacant building to establish a desirable use on the property. It will provide for a broader range of uses without the need to continually apply for a variance each time there is a change in use, provided the use meets all the other zoning requirements. Any future change in use of the property would require an occupancy permit wherein compliance with the zoning regulations, including parking, can be addressed. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 7, 2010, advising that any future development of this site may require conveyance for dedicated road widening allowance and daylight triangle. The Chair stated that it is difficult to consider this application without seeing a parking plan. Ms. vonWesterholt noted that staff are requesting submission of a parking plan as a condition should this application be approved. Staff is encouraging the applicant to to provide 2 parking spaces behind the building, which will be the zoning requirement once the Mixed Use Corridor zoning is finally approved. The Chair stated that he would COMMITTEE OF ADJUSTMENT 126 JULY 20, 2010 Submission No.: A 2010-041. Cont'd much rather deal with a variance to reduce the number of parking spaces to 2 than permit parking up to the street line for any length of time. Following discussion, Mr. Forwell agreed to amend the application to reduce the number of parking spaces from 3 to 2. Mr. B. Rile, a neighbour to the subject property, advised that the neighbours have not had any problems with vehicles parking in front of the building. However, he requested that the existing storage trailer be removed and parking be provided behind the building. The Chair noted the written submission of the Region of Waterloo in which they advise that any future redevelopment of this property may require dedication of a road widening allowance and daylight triangle. The Chair also noted that the conditions of approval will require landscaping in the side yard adjacent to the sidewalk. Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Dave Forwell requesting permission to have a retail and wholesale flower shop on a lot having a width on King Street East of 14.1 m (46.2') rather than the required 16m (52.49'), a building having an interior side yard of 0.1 m (0.2') rather than the required 1.2m (3.93'); and, permission to provide 2off-street parking spaces in the rear yard for the existing building and flower shop use rather than the required 3off-street parking space, on Lot 12, Plan 232, 1228 King Street East, Kitchener, Ontario, BE APPROVED; subject to the following conditions: 1. That the owner shall provide a Parking Plan showing the on site accommodation of the required parking spaces to the satisfaction of the Director of Transportation Planning. 2. That the owner shall install and maintain landscaping along the side lot line at the sidewalk, to the satisfaction of the Supervisor of Site Plan Development. 3. That the owner shall contact the Supervisor of Site Plan Development to confirm whether a site plan is required; and if required, shall submit the appropriate site plan to the satisfaction of the Supervisor of Site Plan Development. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan is being maintained on the subject property. Carried Submission No.: A 2010-042 Applicant: Jonathan O'Malley Property Location: 701 Dunbar Road Legal Description: Part Lot 28, Plan 350 Appearances: In Support: J. O'Malley Contra: None COMMITTEE OF ADJUSTMENT 127 JULY 20, 2010 Submission No.: A 2010-042. Cont'd Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a second storey addition on the rear of the existing house on a lot having a width of 18.29m (60') rather than the required 24m (78.74') and an area of 870 sq. m. (9,364.9 sq. ft.) rather than the required 929 sq. m. (10,000 sq. ft.); with the building having a rear yard of 5.97m (19.58') rather than the required 7.5m (24.6'). The Committee considered the report of the Development and Technical Services Department, dated July 12, 2010, advising that the subject property is located at 701 Dunbar Road and is developed with one single detached residential dwelling. The land is designated as Low Rise Residential in the City's Official Plan and is zoned Residential Two (R-2) in By-law 85-1. The subject property is 18.2 metres in width, 39.62 metres in length, and has a lot area of approximately 870 square metres. The owner is requesting the following permission to legalize the existing building and the existing lot configuration to conform to the current regulations; 1. Relief from Section 36.2 of Zoning Bylaw 85-1 to reduce the required lot area to 870 square metres whereas 929 square metres is required, and 2. Relief from Section 36.2 of Zoning Bylaw 85-1 to permit a rear yard setback of 5.97 metres whereas 7.5 metres is required, and 3. Relief from Section 36.2 of Zoning Bylaw 85-1 to permit a lot width of 18.2 metres whereas 24.0 metres is required. The owner is requesting the above noted permissions to legalize the property so that future additions and or building alterations will be permitted, so long as they conform to the Residential Two (R-2) zoning regulations in By-law 85-1 In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments: The requested variances meet the intent of the Official Plan. The Low Rise Residential designation recognizes the existing scale of residential development. The intent is to accommodate a full range of housing to achieve an overall low density and the proposed development will not affect such density. The proposed variance at 701 Dunbar Road is being requested to legalize the existing building form and lot configuration which predates the current zoning regulations. The lot area variance meets the intent of the Zoning By-law as the intent of lot area is to allow for low density residential development. The lot was configured prior to the current zoning regulations. The rear yard variance meets in the intent of the Zoning By-law because the intent of the rear yard is to provide for outdoor amenity space as well as privacy and separation from neighbouring properties. As the property is a corner lot, the legal rear yard functions as a side yard and there is adequate amenity space elsewhere on the property within the side yards. The attached garage is located within the rear yard, which provides appropriate separation between the living space of 701 Dunbar Street and the living space of adjacent property. The lot width variance meets the intent of the Zoning By-law because the irregularly shaped lot was configured prior to the current zoning regulations. As the property is a corner lot, functionally there are two lot widths with frontage onto a street. The existing placement of the building is consistent with the neighbouring properties. COMMITTEE OF ADJUSTMENT 128 JULY 20, 2010 Submission No.: A 2010-042. Cont'd The variance is considered minor as there is adequate separation from the subject property and the abutting residential properties. The owner is requesting permission to legalize the existing situation that has been in existence prior to the current By-law. The variance is appropriate as the owner is requesting permission to legalize the existing situation and the existing dwelling and lot configuration is consistent with the neighbourhood and there are no adverse impacts anticipated as a result of the variances. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 7, 2010, advising that they have no concerns with this application. Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl That the application of Jonathan O'Malley requesting permission to construct a second storey addition on the rear of the existing house on a lot having a width of 18.29m (60') rather than the required 24m (78.74') and an area of 870 sq. m. (9,364.9 sq. ft.) rather than the required 929 sq. m. (10,000 sq. ft.); with the building having a rear yard of 5.97m (19.58') rather than the required 7.5m (24.6'), on Part Lot 28, Plan 350, 701 Dunbar Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: A 2010-043 Brad Dietricht, Paul Schnarr and Paul Reid1 183 Victoria Street South Lot 2, Plan 187 P. Reidt None Written Submissions: None The Committee was advised that the applicant is requesting permission to use this property for 3 residential units and 1 unit for a personal service use on a lot having a width of 14.6m (47.9') rather than the required 15m (49.21'); and, permission to locate a personal service use in a building having less than 20 units and for the personal service use to occupy 32% of the total gross leasable floor area rather than the permitted 20%. The Committee considered the report of the Development and Technical Services Department, dated June 29, 2010, advising that the subject property is located at the northeast corner of Victoria Street South and Henry Street. The property is 450 square metres in area and has 14.6 metres of frontage on Victoria Street South and 30.4 metres of frontage on Henry Street. A building currently used as a fourplex is located on the property. The building was originally constructed as a single detached house in approximately 1950. COMMITTEE OF ADJUSTMENT 129 JULY 20, 2010 Submission No.: A 2010-043. Cont'd The surrounding area is in transition. It is comprised of single detached residential buildings some currently used for dwelling units, others that have been converted for various commercial purposes including one hair salon across Victoria Street South. The property immediately south of the subject property across Henry Street is a two storey walk-up apartment building. The lands on the opposite side of Victoria Street South contain single detached buildings, all of which have been converted for office uses, or for personal services. The lands on the east side of Victoria Street South and along Henry Street are single detached buildings used for residential dwellings. The subject property and surrounding properties along Victoria Street South are designated Mixed Use Corridor in the Municipal Plan and are zoned Commercial Residential One (CR-1) in the Zoning By-law. These properties are all subject to City- initiated zone change ZC09/07/COK/HH which was approved by Council on June 14, 2010. The zoning of the properties in the immediate area in the Victoria Street South Mixed Use Corridor are approved to change to Low Intensity Mixed Use Corridor Zoning (MU-1 ). At the time of this report the Zone Change is within the legislated appeal period and therefore the approved zoning of the lands is not in effect. The fourplex on the subject property has two previous Committee of Adjustment approvals (application numbers A2009-043 and A2003-009) for minor variances to legalize the current fourplex use within the existing building. The change of use as proposed (Personal Service use within a triplex) requires Committee of Adjustment approval for several zoning deficiencies. The applicant is requesting the following minor variances 1. To allow a 14.6 metres lot width whereas Zoning By-law 85-1 requires a minimum 15.0 metres lot width for multiple dwelling use; 2. To allow the personal service use to be located in a building with 3 residential units whereas Zoning By-law 85-1 requires a minimum of 20 residential units; and 3. To allow 32% of the total gross floor area of the building as gross leasable commercial space for personal service use whereas Zoning By-law 85-1 permits a maximum of 20% of the total gross floor area to be devoted to personal service use. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variances meet the intent of the Official Plan for the following reasons. The property is designated Mixed Use Corridor in the Municipal Plan, which is intended to serve adjacent residential neighbourhoods by providing a balanced distribution of commercial, institutional and residential uses. The proposed conversion of a portion of the existing building for personal service (hair salon) use is a permitted use that serves the surrounding area and therefore meets the intent of the Municipal Plan. The variances meet the intent of the Zoning By-law for the following reasons. The purpose of the minimum lot width requirement is to have wide enough lots to support intensification, allow for suitably sized buildings for mixed use and to provide access for parking at the rear of the lot. The existing lot size already accommodates a suitably sized building which can accommodate a mix of uses (as per the proposed conversion of the building for mixed uses), and access to parking can be provided at the rear of the lot with access from Henry Street. Therefore, a variance from the lot width requirement would maintain the intent of the Zoning By-law. The location and size limitations for personal service use contained in the current CR-1 zoning is intended to permit personal services use only if it is located internal to a mixed use development. Given the proposed conversion of one residential unit to personal service use would result in a mixed use development, the intent of the By-law is maintained. Furthermore, once the COMMITTEE OF ADJUSTMENT 130 JULY 20, 2010 Submission No.: A 2010-043. Cont'd approved MU-1 zoning is in effect, the location and size restrictions for personal service use would no longer apply. Therefore, variances from the location and size limitations for personal service use would maintain the intent of the Zoning By-law. The variances are minor for the following reasons. The lot width deficiency of 0.4 metres is an existing condition which is fully functional with the existing building and access from Henry Street. The overall impact of the lot width reduction would be negligible. The reduction in the number of required residential units from 20 to three would allow the use to locate within the existing building without the need to expand the building mass. Location of personal service use within the existing building would have minimal, if any, perceivable implications to the function of the site or surrounding properties, particularly given that the amount of gross floor area proposed to be devoted to personal service use does not require additional parking spaces above what is currently required for the four residential units (four spaces). Similarly, the increased percentage of gross leasable commercial space from 20% to 32% is negligible in this circumstance because of the size of the building. Staff notes that where a parking lot (four or more parking spaces) is required, Section 5.11 of the Zoning By-law requires a visual barrier between the parking lot and adjacent residential properties and no such barrier is shown on the plan submitted or provided on the site as of the date of the site visit. Heritage Planning staff has also reviewed the application and advised that the subject property is located adjacent to the Victoria Park Heritage Conservation District and suggested that a buffer at the rear property line may assist in ensuring that the rear yard parking will not impact the heritage character of the Henry Street streetscape. In this regard and as a condition of approval, staff recommends that a visual barrier between the parking lot and the adjacent property on Henry Street be constructed in accordance with Section 5.11 of the Zoning By-law. Upon satisfaction of this proposed condition, staff is of the opinion that the variances are minor. The variance is appropriate for the development and use of the land for the following reasons. It allows for conversion of an existing building to establish a mix of uses on the property. It will provide for a broader range of uses without the need to continually apply for a variance each time there is a change in use, provided the use meets all the other zoning requirements. Any future change in use of the property would require an occupancy permit wherein compliance with the zoning regulations, including parking, can be addressed. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 7, 2010, advising that any future development of this site may require conveyance for dedicated road widening allowance and daylight triangle. In discussion about the visual barrier, it was generally agreed that the material for the barrier will be left to the discretion of staff; however, the visual barrier must remain outside the visibility triangle. Moved by Mr. B. McColl Seconded by Ms. C. Balcerzyk That the application of Brad Dietricht, Paul Schnarr and Paul Reidt requesting permission to use this property for 3 residential units and 1 unit for a personal service use on a lot having a width of 14.6m (47.9') rather than the required 15m (49.21'); and, permission to locate a personal service use in a building having less than 20 units and for the personal service use to occupy 32% of the total gross leasable floor area rather than the permitted 20%, on Part Block 124, Plan 1647, 183 Victoria Street South, Kitchener Ontario, BE APPROVED; subject to the following condition: COMMITTEE OF ADJUSTMENT 131 JULY 20, 2010 Submission No.: A 2010-043, Cont'd That the owners shall provide a design for, and agree to implement, a visual barrier along the westerly lot line between the subject site and the adjacent property at 52 Henry Street but outside the visibility triange, to the satisfaction of the City's Manager of Development Review, within 3 months of approval of this application. It is the opinion of this Committee that: The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan is being maintained on the subject property. Carried Submission No.: A 2010-044 Applicant: James & Anna McArthur Property Location: 63 Old Carriage Drive Leaal Description: Lot 31, Plan 1513 Appearances: In Support: J. McArthur Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to provide 2 off- street parking spaces for a duplex in the driveway such that the parking spaces will be located 2.5m (8.2') from the lot line along Old Carriage Drive rather than the required 6m (19.68'). The Committee considered the report of the Development and Technical Services Department, dated July 20, 2010, advising that the subject property is located at 63 Old Carriage Drive and contains a single-storey residential building, constructed in approximately 1985. The subject property is designated as Low Rise Residential in the City's Official Plan, sandwiched between lands designated Mixed Use Node and Open Space. The property is zoned Residential Four Zone (R-4) in By-law 85-1. The applicants are requesting relief from subsection 6.1.1.1b)i) of the Zoning By-law to permit a required off-street parking space to be setback 2.5 metres from the street line, whereas the Zoning By-law requires a minimum setback of 6.0 metres. The owners/applicants propose to covert the basement and existing garage into an in-law suite, thereby eliminating the parking space within the garage. As a result, the existing driveway must be considered for the "required" off-street parking space, which must be a minimum of 5.5m in length and be set back no less than 6.0 metres from the street line. As well, a second parking space is required to be provided for the in-law suite. The shortest length of the driveway from the street line to the front-fagade of the garage is 8 metres, resulting in an available setback of only 2.5 m from the street line to the parking space closest to the street line. The applicant will need to widen the existing driveway to the maximum permitted width of 5.2 metres in order to accommodate two side-by- side parking spaces meeting the zoning by-law requirements, although the existing driveway is able to accommodate two vehicles. With regards to the variance requested, Planning staff offer the following comments considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended. COMMITTEE OF ADJUSTMENT 132 JULY 20, 2010 Submission No.: A 2010-044. Cont'd The variance would permit the conversion of the basement and existing basement garage into an in-law suite without significant exterior alterations or additions to the property. The use falls within the parameters of the Low Rise Residential designation, and given the proximity of the property to a mixed-use node and other community resources (playing fields, community centre, schools and churches), staff does not feel that subtle intensification such as this is out of order. Staff feels that the proposed variance meets the intent of the Official Plan as it does not affect the subject property's compliance to its designation as Low Rise Residential. Given the size of the subject property and the location of the existing driveway, the zoning by-law would permit the widening of the driveway to a maximum width of 5.2m (and located no closer than 0.6m to a side lot line) in order to accommodate any additional vehicles without requiring additional variances [By-law 85-1 s.6.1.1.1(b)(ii)(d)]. Parking a vehicle in the driveway in front of a dwelling is not out of character in the immediate vicinity of the subject property, and the reduced setback as proposed would not create a situation where sight-lines were obstructed for vehicles backing out of the driveways of adjacent properties. Therefore, staff feels that the variance meets the intent of the Zoning By-law. Staff is of the opinion that the variance is minor because it is assumed that the physical and visual impact of the requested change will be negligent. Parking additional vehicles within the required setback in the driveway is currently permitted; the affect of the proposal would be to permit the primary "required" parking space to be located in the driveway as opposed to within the garage. The existing driveway will have to be widened to accommodate two vehicles, but will be within the limits of what permitted by the Zoning By-law regardless of any variance. The variance is appropriate for the development and use of the land, as it does not affect the ability to utilize the property as a dwelling as permitted by the current zoning. Sufficient outdoor amenity space will be maintained. As on-site parking in the existing driveway is already permitted, it is anticipated that there will be no negative impact on the neighbouring properties. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 7, 2010, advising that they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) Resource Planner dated July 8, 2010, advising that they have no objections to this application. The Chair noted the written submission from the Grand River Conservation Authority and advised the owner that a condition will be imposed that a permit be obtained from them, if required. Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl That the application of James & Anna McArthur requesting permission to provide 2 off- street parking spaces for a duplex in the driveway such that the parking spaces will be located 2.5m (8.2') from the lot line along Old Carriage Drive rather than the required 6m (19.68'), on Part Lot 19, Plan 365, 63 Old Carriage Drive, Kitchener Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall widen the driveway in such a manner so as to not impact the existing street tree, to a width of 5.2 metres, as shown in the plan attached to this application in order to accommodate two side-by-side parking spaces, prior to occupancy of the proposed basement unit. 2. That the owners shall apply for and receive approval of a permit from the Grand River Conservation Authority, if required. COMMITTEE OF ADJUSTMENT 133 JULY 20, 2010 Submission No.: A 2010-044, Cont'd It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan is being maintained on the subject property. Carried Submission No.: A 2010-045 Applicant: Caodaist Association of K-W Property Location: 259 Courtland Avenue East Legal Description: Lot 23, Part Lot 22, Subdivision of Lot 18, German Company Tract Appearances: In Support: P. Nguyen Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for a religious institution to occupy 100% of the building rather than the permitted 25% of the building. The Committee considered the report of the Development and Technical Services Department, dated July 8, 2010, advising that the subject property is located on the South side of Courtland Avenue East near the intersection of Courtland Avenue East and Stirling Avenue South. The property is zoned General Industrial (M-2) with special regulation 1 R and is designated as General Industrial in the Mill Courtland Woodside Park Neighbourhood Secondary Plan. The applicant is requesting relief from subsection 20.3.1 of the Zoning By-law to permit a religious institution to occupy 100% of the building rather than the permitted 25% of the building. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The General Industrial designation in the secondary plan is intended to accommodate complimentary uses to industrial activities that do not interfere or are detrimental to industrial operations. The current Zoning By-Law 85.1 was amended in April 2005, to restrict the development of Religious Institutions and Educational Establishments in industrial zones. The uses are now required to be located within a building used for other permitted M-2 uses and they can not exceed 25 percent of the gross floor area. The City of Kitchener has had difficulty in maintaining an adequate amount of industrial land for business attraction and retention. Zoning By-law 85-1 was amended to restrict Educational Establishments and Religious Institutions in industrial areas to help the City maintain an adequate supply of industrial lands. The need for industrial land for future development and expansion is primarily required within our industrial business parks. COMMITTEE OF ADJUSTMENT 134 JULY 20, 2010 Submission No.: A 2010-045. Cont'd While this variance would allow the existing structure located within an industrial zone to be used for 100% religious purposes, it is not expected to have an unacceptably adverse impact on the surrounding properties. The building is located in an older established industrial zone but is not included within an industrial business park. The opportunities to utilize the building for an industrial use would be limited due to size of the lot and the configuration of the structure. As such, Planning staff feel the variance meets the intent of the Official Plan, the Zoning By-law, is minor and is desirable for the appropriate development of the subject property. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 7, 2010, advising that any future development of this site may require conveyance for dedicated road widening allowance. The Committee considered the report of the Grand River Conservation Authority (GRCA) Resource Planner, dated July 8, 2010, advising that they have no objection to the approval the this application. The subject property is located within the floodplain of Schneider Creek, as such, the property is regulated by the GRCA under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. The Chair noted the written submission from the Grand River Conservation Authority and advised the owner that a condition will be imposed that a permit be obtained from them, if required. He also noted the written submission from the Region of Waterloo in which they advise that any future development on this property may required the dedication of a road widening. Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl That the application of Caodaist Association of K-W requesting permission for a religious institution to occupy 100% of the building rather than the permitted 25% of the building, on Lot 23, Part Lot 22, Subdivision of Lot 18, German Company Tract, 259 Courtland Avenue East, Kitchener Ontario, BE APPROVED, subject to the following condition: That the applicant shall apply for and receive approval of a permit from the Grand River Conservation Authority, if required. It is the opinion of this Committee that: The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan is being maintained on the subject property. Carried Submission No.: A 2010-046 Applicant: Paul & Helga Zuccala Property Location: 209 David Elsey Street Legal Description: Lot 203, Registered Plan 58M-393 Appearances: In Support: P. Zuccala Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 135 JULY 20, 2010 6. Submission No.: A 2010-046, Cont'd The Committee was advised that the applicant is requesting permission to have a rear yard of 5.5m (18.04') from the rear porch rather than the required 7.5m (24.6') rear yard. The Committee considered the report of the Development and Technical Services Department, dated July 12, 2010, advising that the subject property is located at 209 David Elsey Street and is developed with a single detached dwelling. The property has approximately 15.2 metres of frontage, an area of approximately 463 square metres. It is zoned Residential Four (R-4) and has an Official Plan designation of Low Rise Residential. Relief is being sought from Section 38.2 of the Zoning Bylaw where the applicants are requesting a minor variance to reduce the required minimum rear yard setback from 7.5 metres to 5.5 metres to allow for the construction of a covered outdoor patio in the required rear yard. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments: The variance meets the intent of the Official Plan. The Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. The proposed development is consistent with the Low Rise Residential designation. The variance meets the intent of the Zoning By-law as the purpose of a 7.5 metres rear yard setback is to provide an outdoor amenity space as well as adequate separation from neighbouring properties. It is staff's opinion that a setback of 5.5 metres would continue to allow outdoor amenity space. The outdoor patio will also provide outdoor living amenity space as well. The variance is considered minor as there is adequate separation from the proposed addition to abutting residential properties and as such will likely have minimal impact to adjacent lands. The variance is appropriate for the development and use of the land as the proposed covered patio in the rear yard will allow for an outdoor kitchen which will continue to serve as amenity space for the property owners. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 7, 2010, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Paul & Helga Zuccala requesting permission to have a rear yard of 5.5m (18.04') from the rear porch rather than the required 7.5m (24.6') rear yard, on Lot 203, Registered Plan 58M-393, 209 David Elsey Street, Kitchener Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 136 JULY 20, 2010 7. Submission No.: A 2010-047 Applicant: Dash Realty Ltd. Property Location: 672-692 King Street West & 8 & 12 Louisa Street Legal Description: Lots 368, 369 & 370 and Part Lot 371, Plan 376 Appearances: In Support: D. Haglan P. Tolton A. Bousfield Contra: G. Kukuric J. Good W. Dyck S. Keuly Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a new mixed use building with commercial uses on the ground floor and multi-unit residential above, to have a setback from the abutting residentially zoned property (on the other side of the lane) of 2.947m (9.66') rather than the required 7.5m (24.6'). The Committee considered the report of the Development and Technical Services Department, dated June 29, 2010, advising that the subject property is located at the northwest corner of King Street West and Louisa Street. The property is 2,963 square metres in area and has 50.9 metres of frontage on King Street West and 61.0 metres of frontage on Louisa Street. Five buildings currently used for residential and commercial purposes currently occupy the site. The buildings were originally constructed in the 1930s. The surrounding area is comprised of a mix of uses. Along King Street West there is a range of commercial, residential and institutional uses. To the north and east of the site there is a stable residential neighbourhood marked by single detached residential houses. An operational municipal laneway separates the subject site from the single detached houses to the north. The subject site and surrounding properties along King Street West are designated Mixed Use Corridor in the Municipal Plan. The subject site and adjacent properties along King Street West are zoned Medium Intensity Mixed Use Corridor (MU-2) Zone in the Zoning By-law. A portion of the subject site is also subject to Holding Provision 6H in the Zoning By-law. Adjacent properties to the north and east are zoned Residential Five (R-5) Zone, while properties across King Street West are zoned High Intensity Mixed Use Corridor (MU-3) Zone in the Zoning By-law. A Site Plan application (SP10/046/WEB) has been submitted for redevelopment of the subject site for an eight storey commercial-residential building. Before Site Plan Approval can be issued several planning approvals are required, including Committee of Adjustment approval for a deficient side yard abutting the residentially zoned properties to the north. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Official Plan for the following reasons. The property is designated Mixed Use Corridor in the Municipal Plan, which is intended to serve adjacent residential neighbourhoods by providing a balanced distribution of commercial, institutional and residential uses. The policies support intensive transit-supportive development. The proposed intensification of the subject lands for both commercial and residential uses serves the surrounding area and supports transit, therefore maintains the intent of the Official Plan. COMMITTEE OF ADJUSTMENT 137 JULY 20, 2010 Submission No.: A 2010-047. Cont'd The variance meets the intent of the Zoning By-law for the following reasons. The purpose of the minimum setback from residentially zoned properties requirement is to provide adequate separation between residential properties and commercial and mixed use buildings for compatibility reasons. Given that there is a laneway between the residentially zoned properties and the subject site, some separation is already provided. When taken in combination with the width of the laneway, the requested 2.9 metres setback would result in 7.5 metres of separation distance as required. Therefore, the proposed variance maintains the intent of the Zoning By-law. The yard deficiency of 4.6 metres from the laneway lot line would not be discernable from the adjacent residential uses on Shanley Street because most of these properties have accessory buildings at or very close to their rear lot lines abutting the laneway. Therefore, the variance is minor. The variance is appropriate for the development and use of the land because it allows for intensification of the site in a form that is appropriately setback and compatible with abutting residential areas. It addresses a unique site circumstance (the laneway) and incorporates it in the development considerations for the site. It is also worth noting that additional compatibility measures will be considered through the Site Plan approval process and appropriate buffering measures are required prior to lifting of the Holding Provision applicable to 8 and 12 Louisa Street. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 8, 2010, advising that they have no concerns with this application. The neighbourhood residents expressed their concerns about this development including: building design, lack of parking, height of building and the closeness to the Shanley Street properties. Mr. Haglan explained that the building on this property will be no closer to the lot lines on Shanley Street than the by-law requires. He also advised that 169 sparking spaces will be provided underground. The Chair explained that the only part of this development being considered at this time is the building setback from the lane. He advised that all other aspects of the development comply with current zoning requirements. Ms. vonWesterholt explained that zoning on King Street, from Grand River Hospital to Victoria Street has changed recently to Mixed Use Corridor and this development complies with the new zoning, except for the setback from the lane. Further, this rezoning to Mix Use Corridor was advertised and there were many mailings to area residents and City staff held public information sessions before City Council approved the zone change. This are of the city is underdeveloped and the City is encouraging redevelopment; as we have a mandate from the province to do so. Mr. Haglan advised that there will be some commercial uses on the ground floor with residential above. The building will be 8 storeys high with the higher storeys being stepped back from Shanley Street in accordance with the results of shadow studies that have been completed. All parking will be underground and all garbage bins will be located inside the building. In response to a question, Mr. Haglan advised that traffic has been addressed by the Traffic engineers and no traffic will be directed to the laneway. Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Dash Realty Ltd. requesting permission to construct a new mixed use building with commercial uses on the ground floor and multi-unit residential above, to have a setback from the abutting residentially zoned property (on the other side of the lane) of 2.947m (9.66') rather than the required 7.5m (24.6'), on Lots 368, 369 & 370 and Part Lot 371, Plan 376, 672-692 King Street West & 8 & 12 Louisa Street, Kitchener Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT 138 JULY 20, 2010 7. Submission No.: A 2010-047, Cont'd That the variance as approved in this application shall apply only to the development shown on the site plan finally approved under Application S P 10/046/K/E B. It is the opinion of this Committee that: The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan is being maintained on the subject property. Carried CONSENT 1. Submission No.: B 2010-023 Applicant: Triedell Group Ltd Property Location: 40 Centreville Street Leaal Description: Part Farm Land. Plan 589 As no one appeared in support of this application, the Committee agreed to defer its consideration of this application to its meeting scheduled for August 17, 2010. 2. Submission Nos.: B 2010-024 to B 2010-027 Applicant: Monarch Corporation Property Location: Thomas Slee Drive Legal Description: Part Lot 4, Biehn's Tract and Part Lot 1, Beaslev's New Survey Appearances: In Support: K. Green J. Chen Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever 4 parcels of land from a draft plan of subdivision, with each of the 4 lots to have frontage on Thomas Slee Drive and each lot to be developed for residential use. The retained land will have an irregular shape and an area of 21.41 ha. (52.8827acres). It is currently vacant and will be developed as a future residential subdivision. The 4 new lots will have the following dimensions: B 2010-024: width - 15.2m (49.86'), depth - 35m (114.82'), area - 533.581 sq. m. (5,743.6 sq. ft.); B 2010-025: width - 15.2m (49.86'), depth - 35m (114.82') , area - 474.216 sq. m. (5,104.58 sq. ft.); B 2010-026: width - 15.2m (49.86'), depth - 34.8m (114.7'), area - 507.537 sq. m. (5,463.26 sq. ft.); and, B 2010-027: width - 13.1 m (42.97'), depth - 35.2m (115.48'), area - 459.513 sq. m. (4946.31 sq. ft.). COMMITTEE OF ADJUSTMENT 139 JULY 20, 2010 Submission Nos.: B 2010-024 to B 2010-027, Cont'd The Committee considered the report of the Development & Technical Services Department, dated July 9, 2010, in which they advise that the subject lands are located between Thomas Slee Drive and New Dundee Road in the Doon South Community. These lands are currently part of Draft Approved Plan of Subdivision 30T-07202 and are designated Low Rise Residential in the Official Plan and zoned Residential Four (R- 4) in the Zoning By-law. The owner has applied to the Committee for consent to sever four lots from the draft approved lands in order to erect model homes. Normally, such requests follow Council Policy pertaining to model homes and one of the conditions is that an executed Subdivision Agreement is required; however, unforeseen delays in executing the Subdivision Agreement has resulted in seeking alternate means to obtain model home permits. Because these lands have frontage onto a public street (Thomas Slee Drive), the severance of four lots in this case is a plausible way of securing model home permits. Building staff have no issues with the request. The retained lands will be the balance of draft approved lands 30T-07202 and will continue to be subject to the Draft Plan conditions for the subdivision. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the uses of both the severed and retained parcels are in conformity with the City's Official Plan and the PPS, the dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on established public streets, and both parcels of land are/can be serviced with independent and adequate service connections to municipal services. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated July 14, 2010, in which they advise that they have no objections to these applications. Submission No. B 2010-024 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Monarch Corporation requesting permission to sever a parcel of land have a width of 15.2m (49.86'), a depth of 35m (114.82'), and an area of 533.581 sq. m. (5,743.6 sq. ft.), on Part Lot 1, Beasley's New Survey, 609 Thomas Slee Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and or local improvement charges. 2. That the owners shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make satisfactory arrangements be made with the Building Division, Planning Division, Engineering Services and Legal Services pertaining to site plan approval, if required, conditional permits and Agreements if required, servicing and letters of credit for lands to be severed if applicable and at the discretion of the City's Solicitor. 4. That the owner shall provide an easement to the municipality for access to the infiltration facilities along the frontages of these lots as per the Draft Plan Approval Conditions for Topper Woods 30T-07202 to the satisfaction of the City's Director of Engineering Services. COMMITTEE OF ADJUSTMENT 140 JULY 20, 2010 Submission Nos.: B 2010-024 to B 2010-027, Cont'd Submission No. B 2010-024, Cont'd 5. That the owner shall submit updated Engineering Plans showing the Infiltration Facilities design and grading to the satisfaction of the City's Director of Engineering Services. 6. That the owner shall make satisfactory financial arrangements with the City of Kitchener for services, to the satisfaction of the City's Director of Engineering Services, where required; or alternatively where no new services are proposed, provide "as built engineering drawings" showing the location of already constructed services to the satisfaction of the City's Director of Engineering Services. 7. That the owner shall agree that grading of the site shall be in accordance with the Stage 1 overall grading plan for Topper Woods, 30T-07202. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 20, 2012. Carried Submission No. B 2010-025 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Monarch Corporation requesting permission to sever a parcel of land have a width of 15.2m (49.86'), a depth of 35m (114.82'), and an area of 474.216 sq. m. (5,104.58 sq. ft.), on Part Lot 1, Beasley's New Survey, 613 Thomas Slee Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and or local improvement charges. 2. That the owners shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make satisfactory arrangements be made with the Building Division, Planning Division, Engineering Services and Legal Services pertaining to site plan approval, if required, conditional permits and Agreements if required, servicing and letters of credit for lands to be severed if applicable and at the discretion of the City's Solicitor. COMMITTEE OF ADJUSTMENT 141 JULY 20, 2010 Submission Nos.: B 2010-024 to B 2010-027, Cont'd Submission No. B 2010-025, Cont'd 4. That the owner shall provide an easement to the municipality for access to the infiltration facilities along the frontages of these lots as per the Draft Plan Approval Conditions for Topper Woods 30T-07202 to the satisfaction of the City's Director of Engineering Services. 5. That the owner shall submit updated Engineering Plans showing the Infiltration Facilities design and grading to the satisfaction of the City's Director of Engineering Services. 6. That the owner shall make satisfactory financial arrangements with the City of Kitchener for services, to the satisfaction of the City's Director of Engineering Services, where required; or alternatively where no new services are proposed, provide "as built engineering drawings" showing the location of already constructed services to the satisfaction of the City's Director of Engineering Services. 7. That the owner shall agree that grading of the site shall be in accordance with the Stage 1 overall grading plan for Topper Woods, 30T-07202. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 20, 2012. Carried Submission No. B 2010-026 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Monarch Corporation requesting permission to sever a parcel of land have a width of 15.2m (49.86'), a depth of 34.8m (114.7'), and an area of 507.537 sq. m. (5,463.26 sq. ft.), on Part Lot 1, Beasley's New Survey, 617 Thomas Slee Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and or local improvement charges. 2. That the owners shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT 142 JULY 20, 2010 Submission Nos.: B 2010-024 to B 2010-027, Cont'd Submission No. B 2010-026, Cont'd 3. That the owner shall make satisfactory arrangements be made with the Building Division, Planning Division, Engineering Services and Legal Services pertaining to site plan approval, if required, conditional permits and Agreements if required, servicing and letters of credit for lands to be severed if applicable and at the discretion of the City's Solicitor. 4. That the owner shall provide an easement to the municipality for access to the infiltration facilities along the frontages of these lots as per the Draft Plan Approval Conditions for Topper Woods 30T-07202 to the satisfaction of the City's Director of Engineering Services. 5. That the owner shall submit updated Engineering Plans showing the Infiltration Facilities design and grading to the satisfaction of the City's Director of Engineering Services. 6. That the owner shall make satisfactory financial arrangements with the City of Kitchener for services, to the satisfaction of the City's Director of Engineering Services, where required; or alternatively where no new services are proposed, provide "as built engineering drawings" showing the location of already constructed services to the satisfaction of the City's Director of Engineering Services. 7. That the owner shall agree that grading of the site shall be in accordance with the Stage 1 overall grading plan for Topper Woods, 30T-07202. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 20, 2012. Carried Submission No. B 2010-027 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Monarch Corporation requesting permission to sever a parcel of land have a width of 13.1 m (42.97'), a depth of 35.2m (115.48'), and an 459.513 sq. m. (4946.31 sq. ft.), on Part Lot 1, Beasley's New Survey, 621 Thomas Slee Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and or local improvement charges. COMMITTEE OF ADJUSTMENT 143 JULY 20, 2010 Submission Nos.: B 2010-024 to B 2010-027, Cont'd Submission No. B 2010-027, Cont'd 2. That the owners shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make satisfactory arrangements be made with the Building Division, Planning Division, Engineering Services and Legal Services pertaining to site plan approval, if required, conditional permits and Agreements if required, servicing and letters of credit for lands to be severed if applicable and at the discretion of the City's Solicitor. 4. That the owner shall provide an easement to the municipality for access to the infiltration facilities along the frontages of these lots as per the Draft Plan Approval Conditions for Topper Woods 30T-07202 to the satisfaction of the City's Director of Engineering Services. 5. That the owner shall submit updated Engineering Plans showing the Infiltration Facilities design and grading to the satisfaction of the City's Director of Engineering Services. 6. That the owner shall make satisfactory financial arrangements with the City of Kitchener for services, to the satisfaction of the City's Director of Engineering Services, where required; or alternatively where no new services are proposed, provide "as built engineering drawings" showing the location of already constructed services to the satisfaction of the City's Director of Engineering Services. 7. That the owner shall agree that grading of the site shall be in accordance with the Stage 1 overall grading plan for Topper Woods, 30T-07202. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 20, 2012. Carried COMMITTEE OF ADJUSTMENT 144 JULY 20, 2010 ADJOURNMENT On motion, the meeting adjourned at 11:11 a.m. Dated at the City of Kitchener this 20th day of July, 2010. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment